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<p><!-- pencil -->10 March 1807</p> | |||
' | <p>In the Spiritual Courts and in the Admiralty Courts<lb/> | ||
any more than in the Equity Courts, is any such separation<lb/> | |||
made between the question of law and the question of fact: nor<lb/> | |||
any use made of the Jury judicature <add>trial</add>.</p> | |||
<p>But by means of the sort of correspondence which<lb/> | |||
it is <add>they are</add> in the habit of keeping up with the Common Law Courts<lb/> | |||
Equity <add>Courts</add> does occasionally give the suitor the benefit of the<lb/> | |||
separation, with the <add>by the</add> congenial benefit of Jury judicature.</p> | |||
<p>Neither do the Spiritual Courts, nor the Admiralty<lb/> | |||
Courts keep up any such correspondence.</p> | |||
<p>If <del>such separate</del> the sort of decomposition here<lb/> | |||
in question, and with it the use of the Jury box, in<lb/> | |||
the character of an <add>appropriate</add> instrument for operating it be in Common<lb/> | |||
Law causes <add>always</add> and in Equity causes not <add>ever and more</add> unfrequently<lb/> | |||
conducive to the ends of justice, why not in Spiritual<lb/> | |||
causes and in Admiralty causes?</p> | |||
<p><del><gap/></del> A question surely not inapposite. But a<lb/> | |||
supposition tacitly involved in it is that <add>in each of those Courts</add> the system of<lb/> | |||
procedure was in its origin regulated by a correct and<lb/> | |||
comprehensive view <add>conception of</add> as well as an honest regard to<lb/> | |||
the ends of justice, instead of being a blindman's buff<lb/> | |||
scramble for power and profit, carried on <add>blindfold</add> in the dark<lb/> | |||
ages. Those ages when wisdom conveyed to them by instruction,<lb/> | |||
without the trouble of experience, is so often reclaimed as the<lb/> | |||
fit model and standard of instruction for each recessive and<lb/> | |||
more and more experienced age.<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> Wisdom of ages! Wisdom of ages! – cries every lawyer, and mercenary placeman, who has an abuse to defend, and effrontery to defend it.</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
10 March 1807
In the Spiritual Courts and in the Admiralty Courts
any more than in the Equity Courts, is any such separation
made between the question of law and the question of fact: nor
any use made of the Jury judicature trial.
But by means of the sort of correspondence which
it is they are in the habit of keeping up with the Common Law Courts
Equity Courts does occasionally give the suitor the benefit of the
separation, with the by the congenial benefit of Jury judicature.
Neither do the Spiritual Courts, nor the Admiralty
Courts keep up any such correspondence.
If such separate the sort of decomposition here
in question, and with it the use of the Jury box, in
the character of an appropriate instrument for operating it be in Common
Law causes always and in Equity causes not ever and more unfrequently
conducive to the ends of justice, why not in Spiritual
causes and in Admiralty causes?
A question surely not inapposite. But a
supposition tacitly involved in it is that in each of those Courts the system of
procedure was in its origin regulated by a correct and
comprehensive view conception of as well as an honest regard to
the ends of justice, instead of being a blindman's buff
scramble for power and profit, carried on blindfold in the dark
ages. Those ages when wisdom conveyed to them by instruction,
without the trouble of experience, is so often reclaimed as the
fit model and standard of instruction for each recessive and
more and more experienced age.⊞ ⊞ Wisdom of ages! Wisdom of ages! – cries every lawyer, and mercenary placeman, who has an abuse to defend, and effrontery to defend it.
Identifier: | JB/106/104/001"JB/" can not be assigned to a declared number type with value 106. |
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1807-03-10 |
38-41 |
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106 |
scotch reform |
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104 |
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001 |
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text sheet |
1 |
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recto |
c19 / e19 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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34692 |
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